(a) The Director of Public Safety may grant special variances in accordance with this section.
(b) Any person seeking a special variance pursuant to this section shall file an application with the Director of Public Safety no less than 60 days before the event for which the variance is sought. If the applicant is a business or venue with multiple events occurring during the year which are anticipated to require a variance, an application may contain multiple events as long as the reason for the request and the nature of the event are the same for each event. The application shall contain information that demonstrates that bringing the source of sound or activity, for which the special variance is requested into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. The applicant must also consent to an onsite inspection of the venue in which the event is to be held if requested by the Director of Public Safety or his or her designee. Notice of an application for a special variance shall be published by the Director of Public Safety on the City of Newark website. Any individual who claims to be adversely affected by allowance of the special variance may file a written statement with the Director containing any information to support his or her claim.
(c) In determining whether to grant or deny an application for a special variance, the Director shall balance the results of any onsite inspection, hardship to the applicant, the community and other persons of not granting the special variance against the adverse impact on the health, safety and welfare of the persons affected, the adverse impact on property affected and any other adverse impacts of granting the special variance. Applicants for special variances and persons contesting such variances may be required to submit any information the Director may reasonably require. In granting or denying an application, the Director shall maintain a record for public inspection of the decision and the reasons therefor.
(d) Special variances shall be granted by notice to the applicant, containing all necessary conditions, including a time limit on the permitted activity. A special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any of the conditions of the special variance shall terminate the variance for that event and any other events contained in the variance request and subject the person holding it to those provisions of this chapter regulating the source of sound or activity for which the special variance was granted.
(e) Application for an extension of time limits specified in a special variance or for modification of other substantial conditions shall be treated as applications for initial special variances.
(f) The Director of Public Safety may issue guidelines, approved by resolution of Council, defining the procedures to be followed in applying for a special variance and the criteria to be considered in deciding whether or not to grant a special variance.
(g) The decision of the Director may be appealed by the person denied the special variance or by any person claiming to be adversely affected by allowance of the special variance. Such appeal shall be made to Council, and review by Council shall be de novo.
(h) Notice of application for a variance or an extension of a variance shall be given by the Director of Public Safety by publishing on the City of New ark website a written notice detailing the substance and content of such application and inviting any interested person to submit written statements and other information regarding the application. All fees assessed shall be paid by the applicant at the time of filing the application in accordance with a schedule of fees formulated by the Director of Public Safety and filed with the Clerk of Council.
(Ord. 84-42. Passed 7-16-84; Ord. 22-43. Passed 11-21-22.)